Wrongful Death Attorneys in Philadelphia, PA and Cherry Hill, NJ
Dedicated Personal Injury Lawyers Serving Philadelphia and Cherry Hill
In some cases, you can never truly be “made whole” again.
When we hear the phrase, “made whole again”, we think in terms of restorative recovery following a loss. For the average person, however, there is also the notion of life returning to normal. Depending upon the type of loss sustained, being made truly whole again—both emotionally and financially—may not be possible.
This is especially true after the loss of a loved one. It can be especially painful if their death was due to the negligence or intentional act of someone else. And yet, the common causes of wrongful death are similar to other personal injury areas, such as medical malpractice, auto and/or slip and fall accidents, product defects, construction injuries, etc.—and frequently accompany them—leading those who survive the decedent to seek justice on their behalf.
If you are dealing with the wrongful death of a loved one, Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. can help. We’ve helped many families in Pennsylvania and New Jersey by thoroughly investigating these incidents, uncovering fault, and obtaining justice on behalf of the deceased and their family. While nothing can ever adequately address that kind of loss, to avoid compounding the emotional and financial injury, survivors of the deceased must receive assistance with funeral expenses, lost wages, loss of companionship, and any pain and suffering to help ease some financial concerns, at the very least.
If your loved one has passed away due to someone else’s negligence in Pennsylvania or New Jersey, Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. is here to help you. Our firm focuses on complex catastrophic personal injury law, and what it takes to properly address medical bills, wage loss, physical therapy and rehabilitation costs, as well as pain and suffering.
State Wrongful Death Laws
A general understanding of wrongful death law before tragedy strikes can be invaluable in terms of knowing the importance of speaking to an experienced wrongful death attorney as soon as possible.
In both New Jersey and Pennsylvania, an action may be brought to recover damages for the death of someone caused by the wrongful act, neglect/negligence, or unlawful violence of another. The right of action exists for the benefit of the spouse, children, or parents of the deceased (or, alternatively, their personal representative), who can, in addition to other reasonable damages, receive compensation for hospital, nursing, medical, and funeral expenses, loss of contributions and society/comfort, and others, including any administrative expenses related to the link between the injuries and subsequent death (42 Pa.C.S. § 8301/N.J.S.A. 2A:31-4). These actions can be brought within six months of the decedent’s death, but no later than two years, and are not barred by any criminal charges being simultaneously brought against the individual responsible for the death.
What Are Survival Actions?
While a wrongful death claim “belongs” to the beneficiaries of the deceased, a survival action essentially belongs to the deceased, and can be pursued on their behalf (42 Pa.C.S. § 8302/N.J.S.A. 2A:31-1). Both laws allow you to recover damages due to the death caused by someone else’s negligent or wrongful action(s), however, in a survival action, only the personal representative (or administrator, executor of the decedent’s estate, etc.) can bring the action.
Damages awarded are similar in both wrongful death and survival actions, but it is important to note that they cannot be duplicatively awarded if both actions are filed.
For cases in which the decedent did not perish at the time of the injury, survival action must be brought within two years of the decedent’s injury rather than their death.
Wrongful death actions are independent of the decedent’s estate and are distributed regardless of any will. Damages in a survival action do pass through the estate and are thus subject to state tax provisions.
The most important call you could make
This article provides some basic information about wrongful death. Know this: if the death of a loved one was caused by actions due to the negligence of someone else, all responsible parties can and should be brought to justice. Contact the attorneys of Eisenberg, Rothweiler, Winkler, Wisenberg & Jeck, P.C., who are experienced in wrongful death law, bring the responsible parties to justice and provide you with the closure to move forward with your life.
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